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An ordinance amending Sections 12.08.050 and 12.08.060 of the Metropolitan Code of Laws to authorize qualified personnel of the Nashville Department of Transportation to direct traffic, and to grant traffic direction authority to fire department personnel during emergency situations.
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WHEREAS, NDOT employees are responsible for maintaining over 2,200 miles of public roadways and rights-of-way, over 6,000 streets, over 300 bridges, 835 traffic signals and over 1,200 miles of bike/sidewalk lanes; and
WHEREAS, NDOT employees, as part of their routine responsibilities, perform essential tasks including road construction, infrastructure maintenance, utility operations, traffic control in work zones, and incident response services; and
WHEREAS, NDOT employees are routinely assigned to support major public events, including the CMA Festival, professional sporting events, and other large-scale gatherings throughout Metro Nashville, by providing essential transportation and logistical services; and,
WHEREAS, the ability to safely and effectively direct traffic during such operations would enhance NDOT’s efficiency, reduce delays, and improve overall safety for both workers and the traveling public; and,
WHEREAS, fire department personnel are currently authorized under Section 12.08.050(C) to direct traffic at the scene of a fire, but extending this authority to other emergency responses would greatly enhance their ability to manage traffic effectively.
NOW, THEREFORE, BE IT ENACTED BY THE COUNCIL OF THE METROPOLITAN GOVERNMENT OF NASHVILLE AND DAVIDSON COUNTY:
Section 1. That the heading of Section 12.08.050, “Traffic direction and enforcement authority of police and fire departments,” is hereby deleted in its entirety and replaced with the following:
12.08.050 - Traffic direction and enforcement authority of police, fire department, and NDOT officials
Section 2. That Section 12.08.050 (C) of the Metropolitan Code of laws is hereby deleted in its entirety and replaced with the following:
C. Officers of the fire department, when at the scene of a fire or other emergency, may direct or assist the police in directing traffic there at or in the immediate vicinity.
Section 3. That Section 12.08.050 of the Metropolitan Code of laws is hereby amended by adding a new subsection D stating the following:
D. Enforcement personnel, maintenance and repair workers and leaders, and equipment operators of the Nashville department of transportation and multimodal infrastructure are authorized to direct all traffic by voice, hand or signal, in conformance with traffic laws and regulations, provided that such personnel have successfully completed a course of training approved by the chief of police.
Section 4. That Section 12.08.060 of the Metropolitan Code of laws is hereby deleted in its entirety and replaced with the following:
No person shall willfully fail or refuse to comply with any lawful order or direction of any police officer, fireman, or other person invested by law with authority to direct, control or regulate traffic.
Section 5. That this Ordinance shall take effect from and after its passage, the welfare of The Metropolitan Government of Nashville and Davidson County requiring it.